Adjustment of status while pregnant

[angelic4444 3]

Hey all! This may be a long post so please bare with me. 

I met my fiance last year online, and we met in person a few months later, I ended up becoming pregnant during our first meeting in December of 2023. He returned back to the USA, and then visited again in April of 2024, then we returned to the USA together. I am currently on an ESTA. 

 

During my somewhat frantic searching after coming to the USA for anything we could do to extend my visa and avoid being separated I discovered adjustment of status. Please know that when I entered the USA I had absolutely 0 intent to stay, I simply wanted to meet his family and spend as long as possible together before returning home so he could resume work for as long as possible before the baby comes. 

 

We had planned on him coming to new Zealand, but he would have been in violation of his contract with his job and completely unable to work while in NZ. It just would have made life ultimately too difficult so I decided to stay here, get married and attempt to adjust status. I'm aware this probably wasn't the best way to go about things, but at this stage I can't imagine returning to NZ and attempting to file for a different visa, all while having a newborn and my fiance still being in the USA. It just seems like a nightmare situation. I am also too far in my pregnancy to be allowed on a flight back to NZ, but seriously don't want to overstay my visa. AOS just seems like the most logical way. 

 

We are getting married in the next couple of days, and do intend on consulting with a lawyer as soon as possible. I'm just wondering if there is any possibility I will be met with scrutiny by officials for entering the country while pregnant, could it be percieved as me having intent to violate my esta? 

 

 

[Dashinka 24,364]

Many people adjust status from ESTA/B2 when situations change.  Get married, and file the I130/I485 since you are currently in the U.S. you can consult with an attorney, but if any suggest waiting 90 days, or something like that, do not take that advice.  If the decision has been made, get things in motion.  There is always a possibility of a little extra scrutiny, but intent was determined when you entered the U.S., so it should be fine.

 

Good Luck!

 

 

 

Edited July 12 by Dashinka

[Dashinka 24,364]

Here is a cautionary tale of a member that took a lawyer’s advice to wait to file.  Though rare, there is no need to wait.

 

Good Luck!

 

 

[canadian_wife 1,817]

Dashinka - as always - provided excellent advice.  I do wonder, however, if you are aware that you are unable to work in any capacity until you have your employment authorization document?  I only ask because you mentioned at one point returning to NZ to work as long as possible.

 

Good luck

[nastra30 2,271]

Op, assuming your husband is a USC, adjust away. Yes, it's possible IO could scrutinize this during interview but don't let that stress you. Good luck 

[angelic4444 3]

4 hours ago, Dashinka said:

Here is a cautionary tale of a member that took a lawyer’s advice to wait to file.  Though rare, there is no need to wait.

 

Good Luck!

 

 

Thank you! My 90 days will be up in about 3 weeks, so we will be consulting an attorney to hopefully expedite the process a little just due to the time constraints. From reading a few other threads I understand that the supposed 90 day rule isn't relevant in AOS cases and will just endanger my legal status. 

 

Another question if there's any chance you have knowledge on this I am getting married in Virginia where there is no specific form or anything to legally change your last name after marriage, you just take your marriage liscence to each government establishment and get new ID. My only form of ID is my passport. When I file for the AOS would it be viewed as fraudulent if I used my married name despite having no ID under that name yet? Or best to stick with my maiden name until later in the process. 

 

Thank you! 

[angelic4444 3]

32 minutes ago, nastra30 said:

Op, assuming your husband is a USC, adjust away. Yes, it's possible IO could scrutinize this during interview but don't let that stress you. Good luck 

Thank you I really appreciate it ☺ 

He is a citizen, and I will have been here legally my entire stay prior to adjusting, so I'm really hoping things go smoothly. 

[Crazy Cat 41,594]

9 minutes ago, angelic4444 said:

When I file for the AOS would it be viewed as fraudulent if I used my married name despite having no ID under that name yet? Or best to stick with my maiden name until later in the process. 

Your marriage certificate is your legal name change document.  You should enter your new legal name (any combination of the names on the marriage certificate) on all immigration forms. 

[Crazy Cat 41,594]

13 minutes ago, angelic4444 said:

I understand that the supposed 90 day rule isn't relevant in AOS cases and will just endanger my legal status. 

It's important to understand that once you file a proper I-485 package, you will be granted "authorized stay" in the US until the I-485 has been approved or denied.  "Authorized stay" is not a legal status, but it prevents you from accruing unlawful presence. After an I-94 expires, you will be out of status, but authorized to remain in the US until I-485 adjudication. 

Also, be aware of the travel and work restriction when adjusting status. 

[Crazy Cat 41,594]

9 hours ago, angelic4444 said:

I'm just wondering if there is any possibility I will be met with scrutiny by officials for entering the country while pregnant, could it be percieved as me having intent to violate my esta?

It is unlikely that it will be discussed.  The only time I know where there were issues was a case in which the foreign spouse was accused of misrepresentation after making specific statements about adjusting during secondary screening at her POE. 

[Dashinka 24,364]

2 hours ago, Crazy Cat said:

Your marriage certificate is your legal name change document.  You should enter your new legal name (any combination of the names on the marriage certificate) on all immigration forms. 

 

2 hours ago, angelic4444 said:

Thank you! My 90 days will be up in about 3 weeks, so we will be consulting an attorney to hopefully expedite the process a little just due to the time constraints. From reading a few other threads I understand that the supposed 90 day rule isn't relevant in AOS cases and will just endanger my legal status. 

 

Another question if there's any chance you have knowledge on this I am getting married in Virginia where there is no specific form or anything to legally change your last name after marriage, you just take your marriage liscence to each government establishment and get new ID. My only form of ID is my passport. When I file for the AOS would it be viewed as fraudulent if I used my married name despite having no ID under that name yet? Or best to stick with my maiden name until later in the process. 

 

Thank you! 

I agree with @Crazy Cat, the marriage certificate can be used as a legal name change document regardless if it has a specific section showing the name change.  My wife's and my marriage certificate is similar, not specific name change section and she was able to change her name legally.

 

Additionally, since it looks like you will be changing your family name via marriage, make sure you fill out the I130/I130A/I485 and if you desire, the I765/I131 with your new married name.

 

Also keep in mind that using a lawyer cannot expedite your application (if a lawyer says they can speed things up, look for someone else).  A lawyer will only be filling in the forms (more than likely their paralegal), and submitting them along with taking their fee.  You as the beneficiary, and your spouse as the petitioner should also be very familiar with the forms so you can double check the documents they may file on your behalf.

 

Good Luck!

Edited July 12 by Dashinka

[angelic4444 3]

2 hours ago, Dashinka said:

 

I agree with @Crazy Cat, the marriage certificate can be used as a legal name change document regardless if it has a specific section showing the name change.  My wife's and my marriage certificate is similar, not specific name change section and she was able to change her name legally.

 

Additionally, since it looks like you will be changing your family name via marriage, make sure you fill out the I130/I130A/I485 and if you desire, the I765/I131 with your new married name.

 

Also keep in mind that using a lawyer cannot expedite your application (if a lawyer says they can speed things up, look for someone else).  A lawyer will only be filling in the forms (more than likely their paralegal), and submitting them along with taking their fee.  You as the beneficiary, and your spouse as the petitioner should also be very familiar with the forms so you can double check the documents they may file on your behalf.

 

Good Luck!

Thank you! My NZ passport is my only form of identification and is what I will be using when needing to present ID for any forms etc however it is in my maiden name. I'm assuming there will be no issues in submitting everything under my married name despite this?

[Dashinka 24,364]

7 minutes ago, angelic4444 said:

Thank you! My NZ passport is my only form of identification and is what I will be using when needing to present ID for any forms etc however it is in my maiden name. I'm assuming there will be no issues in submitting everything under my married name despite this?

My wife always kept a copy of our marriage certificate when she needed to use her Russian passport in her maiden name (it is a real pain to change the name in that passport).  Interesting though, no one ever asked to see the marriage certificate even though her GC and passport did not have the same names.  Of course when she naturalized, her US passport is in her married name, and the Russian passport only comes out for trips to Russia.

 

Also, once you get either your EAD (if you apply for it), or your GC, you can get a state Real ID DL or state ID which you can use for domestic travel instead of your NZ passport.

 

Good Luck!

Edited July 12 by Dashinka

[angelic4444 3]

5 hours ago, Crazy Cat said:

It is unlikely that it will be discussed.  The only time I know where there were issues was a case in which the foreign spouse was accused of misrepresentation after making specific statements about adjusting during secondary screening at her POE. 

Thank you this is very reassuring! My screening at POE was extremely straightforward and simple, barely 5 minutes and I just stated my intent as visiting family and my boyfriend, the officer didn't even mention me being pregnant or ask any additional questions. I would just hate to have issues come up due to my pregnancy, but I can absolutely see how it may be a red flag.

[Noname93 199]

Male sure you check about getting added to his insurance as soon as you're married. Pregnancy and birth are expensive